In many cases, working as a nurse puts you in close contact with not only patients but co-workers as well. Health care is a team effort, and your patients depend on the combined efforts of many individuals to deliver high-quality care. When allegations of sexual harassment arise, teams can suffer. The communication and trust that makes a good care team operate efficiently and effectively can be destroyed, and if you're the one who's been accused of sexual harassment, it can be extremely difficult to do your best work when you have serious allegations hanging over your head that could affect your nursing license and your career.
The Lento Law Firm Professional License Defense Team understands how important your nursing license is to you. Allegations of sexual harassment can result in you facing probation, suspension, or even the loss of your license completely. That's why if a complaint has been filed against you that accuses you of sexual harassment, you need to contact us as soon as possible. The sooner one of our experienced professional license defense attorneys is fighting for your rights during a disciplinary investigation and proceeding, the more likely it will be that we can protect your license and your career. Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or use our online contact form to schedule a confidential consultation.
Sexual Harassment Involving Nurses
With nurses often working in such close proximity to other nurses, nurse aides, physicians, administrative staff, and patients, there is necessarily a lot of personal interaction that takes place on a day-to-day basis. It's a very natural thing to become friendly with co-workers at all levels; after all, we spend a lot of time at work, and most of us prefer to deal with people on a friendly, human level versus a strictly professional one. It's not at all unusual for co-workers to joke around, treat each other in an informal, relaxed manner, and, when appropriate, interact with each other as we do with our friends outside of work.
However, there are laws, rules, and requirements that apply in a workplace setting that don't apply in our everyday, non-work life. Most of us understand that if we hear a lewd comment or a risqué joke when we're at a party or out in public, it's not illegal, and there really is nothing we can do about it. However, when that happens in the workplace, the same types of conduct can form the basis for a disciplinary complaint that can put the nurse's license in jeopardy.
Sexual harassment among nurses is unfortunately not unusual. Different surveys have provided different estimates as to the percentage of nurses exposed to sexual harassment while at work (from both colleagues and patients). No matter which survey results you consider, the percentages of nurses who reported being harassed on the job are distressingly high – as high as 91% in one 2003 survey, 60% in a 2009 survey, and 25% in a 2014 survey. Overall, the Equal Employment Opportunity Commission reported in 2017 that healthcare industries ranked number 4 on the EEOC's list of industries with the most reported sexual harassment claims.
Types of Workplace Sexual Harassment
There are many possible types of workplace sexual harassment that nurses can be accused of. The focus of this discussion is on the kind of day-to-day harassment that can seriously affect the work environment, and that has been the focus of laws and employer policies designed to make the workplace fairer for all employees.
There are a number of different types of sexual harassment that can result in a nurse facing disciplinary charges:
- Verbal Abuse. This includes making abusive comments about someone else based on their sex, sexual orientation, gender identity, or gender expression.
- Sexual Jokes. Many people find sexually-focused jokes and humor to be offensive and inappropriate for the workplace.
- Lewd Gestures. There are any number of gestures that can be construed as sexual, and making them towards a colleague can be considered sexual harassment.
- Sex-Based Slurs. These include derogatory comments based on a person's sex, sexual orientation, gender identity, or gender expression, and not on, for example, the quality of their work.
- Sexual Comments. This can apply to comments that aren't necessarily directed towards any single person but instead involve making sexually explicit statements in a setting where co-workers are able to hear.
- Sexual Image Displays. Showing sexually explicit images or videos to other workers or hanging explicit or sexually suggestive pictures where other workers can see them can be construed as sexual harassment.
- Personal Questions About a Co-Worker's Sex Life. Asking a co-worker about their sex life is often unwelcome, particularly where the co-worker does not introduce the topic.
- Commenting on Looks. Making repeated comments on a person's appearance, depending on how those comments are phrased, may prompt a sexual harassment allegation. There is a difference, for example, between telling a co-worker their new hair color looks good and telling them that it makes them look “hot.”
- Giving Inappropriate Gifts. Some types of gifts are simply inappropriate to give a co-worker; for example, a gift of lingerie from a male colleague to a female colleague might be considered harassing.
- Leering. Leering, or looking at someone for an extended period of time in a way that conveys sexual interest, is a form of sexual harassment, particularly when it happens repeatedly.
- Hostile Work Environment. When there are repeated or combined acts of sexual harassment such as those listed above, an employee can claim that the workplace is a hostile work environment.
- Patient Comments. In some cases, friendly banter with patients can turn sexual, whether it involves telling jokes, making comments about looks, or any of a number of other types of communication that is sexual in nature.
The problem with many types of sexual harassment – particularly ones that are based on comments and jokes – is that in some cases, co-workers may appear to welcome those kinds of comments, even joining in. There can be a fine line between knowing when a particular type of comment or joke is okay to make and when it's not, which means that if you're a nurse who enjoys risqué jokes, you may be completely surprised when a co-worker who you thought was laughing along with your jokes files a sexual harassment complaint against you.
When patients are involved, families may become concerned about what they view as overly-familiar sexual banter between the nurse and the patient and may choose to report the nurse for unprofessional conduct. This can happen even if the patient has no problems with the back-and-forth and even when they happily join in.
The best way to avoid these kinds of surprise sexual harassment cases is to avoid making comments, jokes, or statements that can be construed as sexual in nature – even when your colleagues are participating in the “give and take” and appear to be enjoying the banter. That's because not everybody who is bothered by this kind of exchange will let you know that it troubles them. And the worst time to learn that it does bother them is when you find out they've filed a sexual harassment complaint against you.
The Lento Law Firm's Professional License Defense Team understands that many sexual harassment situations are not clear-cut. Our experienced attorneys are prepared to examine your case in detail and dig to find out what really happened, uncover evidence that can help you defend yourself and your nursing license, and do the hard work necessary to protect your future.
Your Employer's Duty to Report Sexual Harassment Complaints to Your Board of Nursing
Sometimes a co-worker or patient will make a sexual harassment complaint to your employer, not to your Board of Nursing. HR departments exist in part to handle these kinds of complaints, particularly ones that involve co-workers. Whether your employer will then go on to report the complaint to your Board of Nursing will depend on the type of misconduct it alleges.
Generally speaking, if the alleged sexual harassment involves a patient, it's very likely the complaint will be passed on to your Board of Nursing. If the complaint involves a co-worker and doesn't appear to impact the quality of patient care, your employer might choose not to report it unless there are laws in your state that would require them to do so.
If you've been accused of sexual harassment by a co-worker or a patient and are concerned about what kind of an impact that may have on your license, contact the Lento Law Firm's Professional License Defense Team. We've helped nurses all across the country with professional license issues and are here and ready to help you, too.
The Disciplinary Process for Sexual Harassment Complaints
If a colleague, a patient, or a member of a patient's family files a complaint against you with your state's Board of Nursing, your best response is to contact an experienced professional license defense attorney immediately. The sooner you have an attorney helping you with your defense, the better it will be for your license, your peace of mind, and your time.
Being the target of a nursing misconduct investigation and disciplinary proceeding can be extremely stressful, and anything you can do to reduce that stress – such as leaving much of the defense work to your lawyer – will help. When you work with the Lento Law Firm's Professional License Defense Team, you will know that you have someone in your corner who has helped other nurses and professional license holders before and who will fight to protect your reputation and your license.
Who Can File a Sexual Harassment Complaint Against a Nurse?
In general, anybody who knows that a nurse has committed any kind of unprofessional conduct, including sexual harassment, can file a complaint with their state's Board of Nursing about the nurse. That said, the vast majority of complaints filed against nurses come from their employers, patients, or patients' families. While it's often possible to file complaints anonymously, most nursing boards will note that it is harder to investigate anonymous complaints since the board must be careful not to disclose the source of the complaint to the nurse accused of misconduct, as well as others.
What Happens After a Sexual Harassment Complaint is Filed With the Board of Nursing?
While each state has its own procedures for investigating and ruling on nursing misconduct complaints, there tend to be common aspects to the process. Typically, if you're named in a nursing misconduct complaint, here is how the complaint will be handled by your state's Board of Nursing (or by the entity that is assigned to discipline nurses):
- Initial Evaluation of the Complaint. The sexual harassment complaint will be reviewed internally by the Board of Nursing to make sure it falls under the type of conduct over which the board has disciplinary authority. When the complaint accuses a nurse of sexual harassment of another colleague or of a patient, the Board of Nursing will often have the authority, and this step in the process will happen quickly.
- Investigation of the Complaint. Assuming the complaint alleges the type of sexual harassment misconduct that the Board of Nursing has the jurisdiction to regulate, the board will typically assign an investigator to look into the allegations. The investigator is likely to interview the accused nurse, the person who filed the complaint, and some of the nurse's colleagues. They might also subpoena and review employment and patient records, and seek mobile phone texts, emails, and messaging app communications. Investigations can go on for months, and the process can be very stressful for the accused nurse.
- Review of the Investigation Results by the Board of Nursing. When the investigation is complete, the Board of Nursing will typically review it to determine whether there is enough evidence of misconduct to discipline the accused nurse. In cases where there is not, the complaint will be dismissed. Otherwise, the board will likely then issue a complaint in the board's name that explains the conduct that the board believes constitutes misconduct. The complaint may also specify the type of sanction that the board intends to seek against the nurse.
- Proposed Resolution Without a Hearing. The accused nurse is typically able to simply accept the board's accusations and its proposed sanction. Alternatively, the nurse can negotiate with the board for a more favorable resolution. Working with an experienced professional license defense attorney from the Lento Law Firm can help make these kinds of negotiations much more effective. By using our experience and the information we gather on behalf of our clients, we are often able to resolve nursing disciplinary matters at this stage, with outcomes that can be significantly more favorable to our clients than what the BON initially proposed.
- Hearings. In the event the disciplinary matter can't be resolved with an agreement, the board will hold a hearing. In general, hearings will involve witnesses providing testimony and the introduction of documents and other forms of evidence. Both the BON and the accused nurse will have an opportunity to put on witnesses, cross-examine the other side's witnesses, and introduce (or argue against the introduction) evidence.
- Rulings. In virtually all cases, the board's ruling will be in writing. This means that it typically won't be issued in its final form at the close of the hearing. If the ruling finds in favor of the accused nurse, the case will be closed. If it finds that the accused nurse has committed misconduct, it will note what sanction will apply.
- Appeals. Sanctions can typically be appealed. The process for doing this, and the grounds for an effective appeal, will vary from state to state.
As you can see, the disciplinary process is complicated. It can be enormously helpful to be working with an experienced professional license defense attorney from the day you learn that a complaint has been filed against you. One reason for this is that your attorney can be a great help during the investigation stage. They can prepare you for your interview with the investigator and may be able to be with you at that interview to make sure you only respond to clear questions that you understand; and to help with follow-up questions that may provide the investigator with information helpful to you that the investigator's question didn't uncover.
In addition, your attorney may decide to conduct their own investigation on your behalf. This is because, in many cases, the board's investigation is too focused on finding evidence to support the misconduct allegation against you and not enough on finding all of the evidence – even evidence that can be used in your defense. Your attorney can help find that helpful evidence that the board's investigator missed.
Types of Sanctions for Sexual Harassment Misconduct
Boards of nursing typically leave themselves a lot of leeway when deciding what kinds of sanctions to impose for various types of nursing misconduct. Where a nurse has been found to have committed sexual harassment misconduct, the sanctions can vary widely. Depending on the seriousness of the misconduct, the penalties could include suspension or even revocation of the nurse's license. Other types of misconduct, such as repeated jokes, comments, and other forms of sexual harassment, may result in lesser sanctions. The range will vary from state to state and from one situation to another, but may include:
- Verbal Warnings. The least serious sanction is one that may not even appear on the nurse's record.
- Written Warnings or Admonishments. These sanctions will typically identify the misconduct and will appear on the nurse's record.
- Suspension With Required Training. The nurse may be suspended, but the suspension may be paused, provided the nurse completes one or more required courses within a designated period of time. In other cases, the suspension will be enforced and will not be lifted at least until the nurse has completed the required courses.
- Revocation of the License. The nurse's license is revoked, and they are not allowed to practice as a nurse in any capacity that requires a license.
Boards may also impose other sanctions against nurses found to have committed sexual misconduct; these are simply several common examples.
Other Consequences of a Sexual Harassment Finding
In addition to board sanctions, there may be other consequences if a nurse is found to have committed sexual misconduct at work. Because employers can face significant civil liability for failing to take steps to curb sexual harassment in the workplace, it's not unusual for a nurse accused of sexual harassment to lose their job, even before their state's board makes a decision on a misconduct complaint.
Employers typically have their own procedures for handling sexual harassment complaints, and after conducting their own investigation, the employer may decide to terminate the nurse rather than risk being accused of protecting an employee who has been accused of sexual harassment.
Why You Need the Help of an Experienced Professional License Defense Attorney
If a complaint has been filed against you with your state's board of nursing alleging that you've sexually harassed a patient or co-worker, you need the help of an attorney who has experience defending other nurses and licensed professionals in similar situations. Defending against these kinds of allegations can be challenging even in the best of circumstances, and having an experienced attorney in your corner means you will benefit from their years of experience working in this area. Your attorney can:
- Conduct investigations on your behalf, uncovering helpful information that the board's investigator missed
- Prepare you for your interview with the board's investigator
- Advise you at your interview with the investigator, making sure you only respond to fair questions that you understand and that your answers are as clear and complete as possible
- Negotiate with your Board of Nursing to resolve matters favorably without a hearing
- Defend you at a Board of Nursing misconduct hearing
- Prepare and file appeals where the board's decision is against you
Trying to take on all of these tasks and competently defend yourself while also working your nursing job and living your life can be overwhelming. You need someone who can help shoulder the burden. Working with an experienced attorney from the Lento Law Firm's Professional License Defense Team can make all the difference when it comes to resolving the misconduct complaint in the most favorable way possible.
The Lento Law Firm's Professional License Defense Team is Ready to Help
If you're a nurse who has been accused of sexual harassment misconduct and is facing a Board of Nursing disciplinary proceeding, contact the Lento Law Firm's Professional License Defense Team for help. Our experienced attorneys have successfully defended nurses and other healthcare against professional misconduct allegations in states all across the country. We will fight for your rights and will vigorously defend you against sexual harassment and other types of misconduct allegations.
Don't try to defend yourself in these kinds of situations. Your license is too important to your career and your livelihood! Contact the Lento Law Firm's Professional License Defense Team today at 888.535.3686, or use our contact link to schedule a confidential consultation with one of our experienced attorneys. We're here to listen and to help!
